In light of the Costa Concordia cruise ship disaster off the coast of Italy, travelers are learning that they are limited as to where they may file a lawsuit to get reimbursement for their losses. Because of the fine print on the cruise’s tickets, the injured passengers’ lawsuits must be filed in Italy. For a Costa cruise that touches any part of the U.S., the ticket contract says the lawsuits should be filed in Federal Court in South Florida. The same is true for Carnival Cruise Lines, which owns Costa, and many other major cruise lines. But for cruises that travel only outside of the United States, the ticket usually mandates that any claims be brought where the foreign shipping company’s base of operations or corporate headquarters are located. These “choice of forum” clauses in the cruise line industry are not as common in other forms of travel, according to yesterday’s article in Lawyers Weekly.
Lawsuits against airlines can be brought almost anywhere the air carrier does business for domestic flights. For injuries in international flights, lawsuits can generally be brought in the airlines home location or where the flight departed, among other venues. According to Doug Landau of the Herndon law firm ABRAMS LANDAU, Ltd., the injured air traveler may have several choices when it comes to where to bring the claim. Lawyer Landau notes that the negligent defendant, whether airline, bus company or other “common carrier,” can generally be sued where they “live” (i.e., their headquarters or main Continue reading →
If an airport or airline employee is hurt on the job, they may be able to bring a negligence claim for the unsafe actions of the person who caused their injuries. “The disabled worker may have a viable workers comp claim, but the comp benefits are limited,” according to Virginia airport accident lawyer Doug Landau.
For example, when a National, Dulles or Richmond Airport worker slips and falls on the job through no fault of their own, they may bring a state comp claim AND pursue a “third party liability claim.” The reason it must be a “third party” or “stranger to the work,” is because an airline or airport worker generally cannot sue a co-worker or boss. But claims against someone not under the “umbrella of workers comp” CAN be sued for money damages adds Landau, of the Herndon Virginia law firm, ABRAMS LANDAU, Ltd. To bring such a claim successfully, the injured worker should retain experienced counsel, critical evidence should be gathered, and liability investigation completed while the injuries are still healing. If you or someone you know or care for has been injured as the result of an accident at an airport or in flight, and there are questions about what laws apply, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once, so that timely investigation can be conducted by counsel on your behalf.
Misconceptions about what benefits are available to the families of airport and airline employees after a fatal accident necessitate some of the most difficult conversations Dulles area attorney Doug Landau has at the Herndon law firm ABRAMS LANDAU, Ltd.. These are the most serious cases, yet the benefits, under Virginia workers comp law, are limited. Whether our client was killed in the construction of the Dulles International Airport expansion or in the air in the 9/11 disaster, the benefits for their grieving families are shockingly small. In fact, the do not even last 10 years.
Under the Virginia Code, section 65.2-512, compensation to dependents of an employee killed in an on the job, compensable accident includes: burial Continue reading →
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